CAN A WORKER RECEIVE BOTH BAD FAITH COMPENSATION AND NOTICE PAY?

CAN AN EMPLOYEE RECEIVE BOTH BAD FAITH COMPENSATION AND NOTICE PAY?

In workplaces with fewer than thirty employees, workers who have less than six months of seniority, are employed under a fixed-term employment contract, and therefore cannot benefit from job security provisions may claim bad faith compensation upon the termination of their employment contracts (Labor Law Art. 17; TCO Art. 434). For example, if an employment contract is terminated because the employee filed a complaint against the employer, initiated a lawsuit against them, or acted as a witness to pursue their rights arising from legislation or the contract, bad faith compensation amounting to three times the notice periods regulated in Article 17 of the Labor Law must be paid. If the employer abuses their right to terminate the employment contract while also ending it without complying with notice periods, they are required to pay "notice pay" in addition to "bad faith compensation."